State v. Behee

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 11-19-2014
  • Case #: A152813
  • Judge(s)/Court Below: Garrett, J. for the Court; Ortega, P.J.; & DeVore, J.
  • Full Text Opinion

Under ORS 166.270(2), objects described as “ninja climbing claws” are not “metal knuckles” because their intended purpose is tree climbing, not punching.

A search warrant was obtained to search Defendant’s home in a child pornography investigation. Evidence of child pornography was found, as well as an object the State argues are “metal knuckles.” “At trial, no particular name was given to the object,” but Defendant described the object as “ninja climbing claws.” Defendant was convicted and sentenced, including six months for being a felon-in-possession of a weapon. On appeal, Defendant argued the “ninja climbing claws” were not “metal knuckles” and thus were not a weapon under the felon-in-possession statute. The Court determined the definition of “metal knuckles” to be “the presence of a metal band… worn over the fingers, designed for enhancing the effectiveness of a punch with a closed fist.” The Court held, under this definition, Defendant’s climbing claws were not “metal knuckles,” particularly considering that their intended purpose is climbing trees and not punching. Conviction for felon in possession of a restricted weapon reversed; remanded for resentencing; otherwise affirmed.

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